Friday, July 31, 2009

Law Updates for July 24, 2009

Sundin, 34 FLW 1414, 2nd DCA, Poss of cocaine, constructive possession. Evidence was insufficient to prove that def had control over glass pipe containing cocaine residue found on nightstand in hotel room where evidence established nothing more than the def was a visitor of the resident of the room. Error deny JOA - GOOD CASE)

Reddix, 34 FLW 1416, 4th DCA, VOP hearing. Only evidence of violation came from program director's hearsay testimony. In order to prove willful and substantial, state was required to produce def's actual program chart at hearing and seek it's admission into evidence, otherwise needed personal knowledge of purported infraction.

Alvarez, 34 FLW 1426, 4th DCA, Not invoke right to remain silent when about two thirds through the second interview he asked to use the bathroom and officer responded "yeah, give me one second okay? You sure you don't want to talk to me?" and defendant responded "I really don't have nothing to say" had previously responded to prior questions with this same answer and after the bathroom he completed the interview without incident.

Blair v. Bradshaw, 34 FLW 1433, 4th DCA, Pretrial detention for Felony DUI for failure to appear for a court date was improper. No findings of fact or conclusions of law. Appeared for Misdemeanor DUI case, nolle prossed, and refiled as felony, and never notified of the court date.

Kramer. 34 FLW 1453, 5th DCA, Consensual encounter with the def was transformed into an investigatory stop when ofc ordered the def to open his mouth. Def mere act of "actively chewing" while walking late at night in high crime area did not give ofc reasonable suspicion of criminal activity. JOA ofc not engaged in lawful investigatory stop and not engaged in lawful duty at time of alleged residence.

The Law Offices of Roger P. Foley, P.A.

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